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Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict.The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury.
The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected. The central issue was the vicarious liability of an employer for the delictual acts of its employee: in particular, the liability of the Minister of Safety and Security for ...
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...
Labour Court of South Africa cases (6 P) Pages in category "South African labour case law" The following 21 pages are in this category, out of 21 total.
The Interpretation Act [4] defines it as "any law, proclamation, ordinance, Act of Parliament or other enactment having the force of law." [5] The Constitution of South Africa, which has the force of supreme law, [5] and as such sets the standards and requirements for the construction and construal of statutes, also provides a definition of ...
Smit v Abrahams [1] is an important case in South African law.It was heard in the Appellate Division on March 15, 1994, with judgment handed down on May 16. Botha AR, EM Grosskopf AR, Kumleben AR, Van Den Heever AR and Mahomed Wn AR were the judges.
The Labour Relations Act was held to distinguish between the remedies of compensation and damages, both of which it was empowered to order. Awards of compensation were dealt with specifically, while that of damages was not. This being the case, the court held that damages did not fall within the exclusive jurisdiction of the Labour Court.
It was possible, O'Regan J continued, for an employee at the same time to commit a delict for his own purposes, and neglect to perform his duties as an employee. It was clear, in the present case, that the delict for which the applicant sought to hold the respondent liable was the rape, and that the rape had been a deviation from the policemen ...